FineFlip Guide

Received a Speeding Ticket But Wasn't Driving

If a speeding NIP arrives at your address but you were not behind the wheel, you still have legal obligations. The Section 172 notice requires you to identify who was driving — and ignoring it is a separate criminal offence. This guide explains exactly what to do.

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The Section 172 notice

Under Section 172 of the Road Traffic Act 1988, when a speeding offence is detected, the registered keeper of the vehicle must identify the driver. The NIP includes a Section 172 form for this purpose. You must respond within 28 days, even if you were not driving.

How to respond

Complete the Section 172 form with the name, address, and date of birth of the person who was driving at the time of the offence. Return it within 28 days. The police will then issue a new NIP to the named driver.

What if you fail to respond?

Failing to provide driver information is a criminal offence under Section 172(3). It carries a fine of up to GBP 1,000 and 6 penalty points on your licence — significantly more than the original speeding offence in most cases. Courts take this seriously.

The "reasonable diligence" defence

If you genuinely cannot identify the driver, Section 172(4) provides a defence if you can show you did not know and could not with reasonable diligence have ascertained who was driving. This is a high bar — you need evidence of the steps you took, such as checking diaries, CCTV, employee records, or family schedules.

Related guides

Frequently asked questions

What should I do if I wasn't the driver?

You must still respond to the Section 172 notice within 28 days. Complete the form naming the person who was driving. Failure to respond is a separate offence carrying 6 points and a fine of up to GBP 1,000.

What if I genuinely don't know who was driving?

You must show that you used reasonable diligence to identify the driver. If you genuinely cannot, you may have a defence under Section 172(4), but you will likely need to demonstrate the steps you took to find out.

Can my partner/family member refuse to accept the ticket?

The speeding case follows the driver, not the vehicle owner. Once you identify the driver on the Section 172 form, the NIP and any proceedings are redirected to that person. They then have the same right to accept or challenge the fine.

Speeding ticket but not the driver? Know your rights.

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